Direct Consular Filing exceptional circumstance? (merged)

janecanadausa · March 1, 2016

Hi there,

I'm new to all this and wondering if there's anyone out there in our situation who can give advice on how to go about immigrating to the US.

My husband and I live in Canada.

He is a US citizen.

Our 2 young children are Canadian but, I believe eligible for US citizenship.

We are thinking about moving to the USA (buying a house).

It looks like DCF is no longer a thing in Canada, correct me if I'm wrong. However, I read somewhere that children who would suddenly be without a caregiver would count as a family emergency - do we count? What is the process for 'normal' filing? Am I allowed to enter the county while things are processed? Is it just a matter of waiting a few more months? If anyone has experience in a similar situation, please feel free to advise!

Once the I-130 is submitted, are there limitations on travel between the countries?

Thanks in advance.

NikLR · March 1, 2016

Welcome to the forums.

Your circumstances are not extraordinary.

File a CRBA for the children if applicable. Check out that forum on the board.

Filing may go faster if you live together in Canada but that can present it's own problems too.

Please read the guides! For step by step instructions. We have the main guide then an ez spouse guide in the wiki, and even a specific Montreal guide for Canadians.

We have an active Canada forum for any Canadian specific questions too.

Yes you can still visit but you should bring proof that the beneficiary will be returning to Canada after the visit.

Edited March 1, 2016 by NLR

NikLR · March 2, 2016

~~removed duplicate post in separate forum. please do not post more than once on a topic~~

janecanadausa · March 2, 2016

Thanks for the info,

We do both live in Canada, and I looked at the how to's and it says to do DCF, but this isn't an option in Canada. It doesn't have a guide for doing it the 'normal' way... or maybe I was looking in the wrong place.

With all of us living outside the US, it seems like there are problems of re-domiciling?

I'd like to hear opinions of the best way to go about this, as we have some flexibility.

Right now our two children (4 months, and 2.5 years) are Canadian citizens. We could apply for citizenship for them before filing a petition for myself, if that would be quicker?

I also read somewhere that if we just have my husband petition for all of us, they will become citizens upon 'arrival' - is this true?

As we live in Vancouver and are hoping to move to Mount Vernon, Washington (only 1.5 hours away), where we both have family living, we tend to cross the border a lot. Is this problematic in the visa process? Is it better stay living in Canada until the visa is granted or can we go down sooner (granted that I don't stay longer than 6 months out of a year)?

Also - what would be an example of an exceptional circumstance, when it comes to family/children?

Many thanks

janecanadausa · March 2, 2016

I'm looking for anyone in our current situation to share their story.

I've been browsing the forum and can't seem to find a similar situation.

We are:

- 1 canadian wife, 1 us/canadian husband, 2 canadian (could be us as well) children (both under 3yrs)

- all living in vancouver, canada

- would like to move from vancouver to washington state, thinking of buying a house

- dual husband works remotely for his own company with canadian clients

- wife is homemaker and would like green card for part time work

- we don't want to be separated for any length of time

Anybody done something similar?

Thanks

Boiler · March 2, 2016

Obviously matters if the children are or are not USC's, did you do a CRBA, do they have US Passports?

Sponsoring is pretty simple, from what I have read the big issue is showing a US Domicile, but there is a very long thread about that.

Assume it would take a year. Covered by the Guides.

Transborderwife · March 2, 2016

I'm looking for anyone in our current situation to share their story.

I've been browsing the forum and can't seem to find a similar situation.

We are:

- 1 canadian wife, 1 us/canadian husband, 2 canadian (could be us as well) children (both under 3yrs)

- all living in vancouver, canada

- would like to move from vancouver to washington state, thinking of buying a house

- dual husband works remotely for his own company with canadian clients

- wife is homemaker and would like green card for part time work

- we don't want to be separated for any length of time

Anybody done something similar?

Thanks

All looks good until the last point. Unlikely that you won't be separated for a bit of time.

NikLR · March 2, 2016

If they are supposed to be USC now, like you can get a CRBA for them, the visa will be denied. Do the CRBA first. Its much cheaper than a visa.

You will be a green card holder, not a citizen. Since it sounds like youve been married for more than 2 years, it will be a 10 year green card. The interview will be in Montreal unfortunately.

I'm nit sure there is an exceptional circumstance for Canadians unless you were under attack.

You can cross but you cannot live in the USA until YOU have a visa to do so.So you, must stay living in Canada. This not negotiable.

These are your guides:

http://www.visajourney.com/content/i130guide1

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

http://www.visajourney.com/wiki/index.php/NVC_for_Montreal_Beneficiaries__Electronic_Processing_and_New_Online_Forms

http://www.visajourney.com/forums/forum/154-consular-reports-of-birth-abroad-crba/

https://travel.state.gov/content/passports/en/abroad/events-and-records/birth.html